South Carolina General Assembly
117th Session, 2007-2008
Journal of the House of Representatives

Thursday, February 14, 2008
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Psalm 143:11: "For your name's sake, O Lord, preserve my life, for I am your servant."
Let us pray. O Lord, You have guided us through the days gone by. Preserve us, protect us, guide us in the days to come, that we might do the work of the people in this State. Grant these, Your servants, courage, integrity, wisdom, and strength. Look in favor upon our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear our prayer, O Lord. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. FUNDERBURK moved that when the House adjourns, it adjourn in memory of Lucielle Moore Hallman of Camden, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for Representative Clyburn who is in the hospital.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., February 13, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 185, H. 3379 by a vote of 34 to 0:

(R185) H. 3379 (Word version) -- Reps. D. C. Smith, J. R. Smith, Perry, Clyburn and Stewart: AN ACT TO AMEND SECTIONS 59-104-20 AND 59-149-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP AND THE LIFE SCHOLARSHIP, RESPECTIVELY, SO AS TO PROVIDE THAT FOR PURPOSES OF MEETING THE HIGH SCHOOL RANK CRITERIA FOR THESE SCHOLARSHIPS, THE EXISTING HIGH SCHOOL RANK OF A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL MAY BE USED IF IT IS CALCULATED PURSUANT TO A STATE-APPROVED STANDARDIZED GRADING SCALE AT THE RESPECTIVE OUT-OF-STATE HIGH SCHOOL.

Very respectfully,
President
Received as information.

REPORTS OF STANDING COMMITTEE

Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report on:

H. 3982 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 56-1-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BASIC AND CLASSIFIED DRIVERS' LICENSES ALLOWING A LICENSEE TO OPERATE A MOTORCYCLE AND CERTAIN SPECIFIED MOTOR VEHICLES WHICH DO NOT EXCEED TWENTY-SIX THOUSAND POUNDS GROSS VEHICLE WEIGHT, SO AS TO CLARIFY THE TERM "GROSS VEHICLE WEIGHT"; TO AMEND SECTIONS 56-3-2540, 56-3-3500, 56-3-4100, 56-3-4200, 56-3-4410, 56-3-4600, 56-3-7300, 56-3-7750, 56-3-7780, AS AMENDED, 56-3-7910, 56-3-8000, AS AMENDED, 56-3-8600, 56-3-8710, 56-3-9000, 56-3-9100, 56-3-9400, 56-3-9500, 56-3-9600, AS AMENDED, AND SECTION 56-3-9910, RELATING TO "CONSERVE SOUTH CAROLINA" LICENSE PLATES, "PENN CENTER" LICENSE PLATES, "SOUTH CAROLINA ELKS ASSOCIATION" LICENSE PLATES, "CAROLINA PANTHERS" LICENSE PLATES, "SHARE THE ROAD" LICENSE PLATES, "HOMEOWNERSHIP: THE AMERICAN DREAM" LICENSE PLATES, "SALTWATER FISHING" LICENSE PLATES, FRATERNITY AND SORORITY LICENSE PLATES, "VIETNAM VETERANS" LICENSE PLATES, "H. L. HUNLEY SUBMARINE" LICENSE PLATES, TAX EXEMPT ORGANIZATIONS LICENSE PLATES, "DUCKS UNLIMITED" LICENSE PLATES, "NASCAR" LICENSE PLATES, "SERTOMA INTERNATIONAL" LICENSE PLATES, "SOUTH CAROLINA TECHNOLOGY ALLIANCE" LICENSE PLATES, "MORRIS ISLAND LIGHTHOUSE" LICENSE PLATES, "GOD BLESS AMERICA" LICENSE PLATES, "NO MORE HOMELESS PETS" LICENSE PLATES, AND "GOLD STAR FAMILY" LICENSE PLATES, SO AS TO PROVIDE THAT EACH OF THESE LICENSE PLATES MAY BE ISSUED TO OWNERS OF ANY VEHICLE CLASSIFIED AS A PASSENGER MOTOR VEHICLE.
Ordered for consideration tomorrow.

Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report on:

H. 4511 (Word version) -- Rep. Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 56-1-1750 RELATING TO A MOPED DRIVER'S LICENSE.
Ordered for consideration tomorrow.

Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report on:

H. 4560 (Word version) -- Rep. Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2025 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE EMERGENCY WAIVERS OF THE REGISTRATION AND LICENSING REQUIREMENTS OF MOTOR CARRIERS THAT PROVIDE HUMANITARIAN RELIEF DURING THE TIME OF AN EMERGENCY.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4696 (Word version) -- Reps. Davenport, Crawford, Littlejohn, Loftis, Merrill, Mitchell, Mulvaney, Sandifer, F. N. Smith, Williams and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-615 SO AS TO PROVIDE A PLACE ON A PRIMARY BALLOT FOR WRITE-IN NAMES; AND TO AMEND SECTION 7-13-360, AS AMENDED, RELATING TO WRITE-IN BALLOTS IN GENERAL ELECTIONS, SO AS TO DELETE THE PROHIBITION OF A WRITE-IN SPACE FOR THE ELECTION OF PRESIDENT AND VICE PRESIDENT.
Referred to Committee on Judiciary

H. 4697 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 56-1-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF A DRIVER'S LICENSE AND PERSONAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISPLAY OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CARD; AND TO AMEND SECTION 56-1-515, RELATING TO THE UNLAWFUL ALTERATION AND USE OF A DRIVER'S LICENSE AND PERSONAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PRODUCE OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD.
Referred to Committee on Education and Public Works

H. 4698 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 17-5-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILLING OF VACANCIES IN THE OFFICE OF THE CORONER, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE VACANCIES SHALL BE FILLED AND FOR THE PERSON WHO SHALL ACT IN THE CORONER'S PLACE IF A VACANCY OR SUSPENSION IN THE OFFICE EXISTS.
Referred to Committee on Judiciary

S. 104 (Word version) -- Senators McConnell, Courson, Vaughn, Knotts and Campsen: A BILL TO AMEND CHAPTER 11, TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARCHIVES ACT, SO AS TO ADD ARTICLE 3 CREATING THE SOUTH CAROLINA CIVIL WAR SESQUICENTENNIAL ADVISORY BOARD.
Referred to Committee on Judiciary

S. 524 (Word version) -- Senators Leatherman and Campsen: A BILL TO AMEND SECTION 6-1-760 OF THE 1976 CODE, RELATING TO REVENUE BONDS, TO PROVIDE THAT THE PROCEEDS OF ACCOMMODATIONS FEES, HOSPITALITY FEES, AND STATE ACCOMMODATIONS FEES MAY BE PLEDGED AS SECURITY.
Referred to Committee on Ways and Means

S. 985 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-9-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES AUTHORIZED FOR SALE, SO AS TO REVISE THE REQUIREMENTS AND PRIVILEGES OF AND PROCEDURES FOR A SENIOR LIFETIME LICENSE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 986 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-9-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES AUTHORIZED FOR SALE, SO AS TO REVISE THE REQUIREMENTS AND PRIVILEGES OF AND PROCEDURES FOR A DISABILITY LICENSE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

CONCURRENT RESOLUTION

The following was introduced:

H. 4699 (Word version) -- Reps. Umphlett, Jefferson, Dantzler and Merrill: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF OLD UNITED STATES HIGHWAY 52 FROM ITS INTERSECTION WITH THE MONCKS CORNER CITY LIMITS SOUTHWARD TO ITS INTERSECTION WITH NEW UNITED STATES HIGHWAY 52 IN BERKELEY COUNTY THE "LIEUTENANT GENERAL HENRY DOCTOR, JR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "LIEUTENANT GENERAL HENRY DOCTOR, JR. MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 4700 (Word version) -- Reps. Kelly, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE WOODRUFF HIGH SCHOOL VARSITY WRESTLING TEAM OF SPARTANBURG COUNTY FOR AN OUTSTANDING SEASON, AND TO CONGRATULATE THE WRESTLERS AND THEIR COACHES FOR SUCCESS IN CAPTURING THE 2008 CLASS AA UPPER STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1100 (Word version) -- Senators Elliott and Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 41 IN DILLON COUNTY FROM ITS INTERSECTION WITH FORK CROSS ROAD TO ITS INTERSECTION WITH THE DILLON/MARION COUNTY LINE THE "DAVID K. BETHEA MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DAVID K. BETHEA MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1101 (Word version) -- Senators Ryberg and Massey: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 20, 2008, AS "CITIES MEAN BUSINESS DAY" TO RECOGNIZE AND HONOR THE VALUABLE CONTRIBUTIONS SOUTH CAROLINA CITIES AND TOWNS MAKE TO OUR STATE'S ECONOMIC PROSPERITY THROUGH THEIR RELATIONSHIP WITH LOCAL BUSINESSES.

Whereas, cities and towns derive their power from the state constitution and laws adopted by the General Assembly; and

Whereas, there are two hundred sixty-nine duly incorporated municipalities within the State; and

Whereas, cities and towns are valuable resources to state economic development and competitiveness efforts; and

Whereas, cities and towns are considered the hometown for their residents, providing a sense of place and spirit of community to all within and around their municipal boundaries; and

Whereas, cities and towns provide essential services such as law enforcement, fire protection, health and sanitation, recreation, and growth and development controls to protect and enhance the quality of life for all of the citizens of the State; and

Whereas, the amenities and services that cities and towns provide to residents attract business and industry to the region; and

Whereas, mayors and council members are the local elected leadership that guide the growth and development of cities and towns that lead to the success of the State and the region; and

Whereas, dedicated employees of cities and towns provide services for residents that contribute to the quality of life and local business success; and

Whereas, cities and towns means business and are economic engines of the State, contributing to the overall competitiveness and success of South Carolina; and

Whereas, healthy, financially sound, and economically strong cities and towns are essential to the health and welfare of the State. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring, that the members of the General Assembly, by this resolution, declare Wednesday, February 20, 2008, as "Cities Mean Business Day" to recognize and honor the valuable contributions South Carolina cities and towns make to our State's economic prosperity.

Be it further resolved that a copy of this resolution be forwarded to Fred Cavanaugh, Mayor of the City of Aiken and 2008 President of the Municipal Association of South Carolina.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1102 (Word version) -- Senators Sheheen and Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE BILL COTTY FOR HIS YEARS OF FAITHFUL SERVICE TO THE CITIZENS OF DISTRICT NUMBER 79 IN KERSHAW AND RICHLAND COUNTIES AND TO WISH HIM MUCH SUCCESS IN ALL HIS FUTURE ENDEAVORS.

Whereas, the South Carolina General Assembly takes great pleasure in recognizing the Honorable Bill Cotty for his exemplary service to the citizens of District Number 79 including Kershaw and Richland Counties since 1995; and

Whereas, Bill Cotty, the son of William O. and Marie F. Cotty, graduated from Erskine College in 1969 with a bachelor of arts degree and was the president of the student body his senior year. After working as the administrative assistant to Congressman Tom Gettys from 1969 to 1971, he attended the University of South Carolina where he received his law degree in 1974; and

Whereas, before being elected to the South Carolina General Assembly, Bill Cotty had established himself as an outstanding leader and advocate of public education while serving as a member and as chairman of the Richland School District Two Board of Trustees from 1986 to 1994; and

Whereas, when Bill Cotty was elected to the House of Representatives in 1994, he was a member of a historic legislative class that gave the majority to the Republican party for the first time in either body in over one hundred years; and

Whereas, his constituents have lauded him publicly for his efforts for tax reform, improvement of early childhood education, and tougher laws for those convicted of driving under the influence of alcohol and drugs; and

Whereas, in the fine tradition of military patriotism and service to his State and country, Bill Cotty served in the South Carolina Army National Guard and retired at the rank of lieutenant colonel; and
Whereas, married to his beloved Amelia Heath Dunlap, they have raised three fine children, Will, Molly, and Anne Marie, and are involved with and devoted to their adored grandchildren. Together they have kept their very close and loving family always in the forefront of their lives; and

Whereas, Bill Cotty is prized for his keen wit and wonderfully dry sense of humor and is greatly admired and respected for his moderate, effectual, leadership and his tireless efforts on behalf of his constituents; and

Whereas, the members of the South Carolina General Assembly, understanding that he will not seek re-election in the fall of 2008, wish to express to him their deep appreciation for his dedication to the citizens of District Number 79 and their gratitude for the privilege of serving with him in this august body. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the South Carolina General Assembly, by this resolution, recognize and commend the Honorable Bill Cotty for his years of faithful service to the citizens of District Number 79 in Kershaw and Richland Counties and wish him much success in all his future endeavors.

Be it further resolved that a copy of this resolution be presented to the Honorable Bill Cotty.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Allen                  Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
Breeland               G. Brown               R. Brown
Cato                   Clemmons               Cobb-Hunter
Coleman                Cooper                 Crawford
Dantzler               Davenport              Delleney
Duncan                 Erickson               Frye
Funderburk             Gambrell               Govan
Gullick                Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Harvin                 Haskins
Hayes                  Herbkersman            Hiott
Hodges                 Hosey                  Howard
Huggins                Hutson                 Jefferson
Kelly                  Kennedy                Kirsh
Knight                 Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Mahaffey               McLeod
Merrill                Miller                 Mitchell
Moss                   Mulvaney               J. M. Neal
Neilson                Ott                    Owens
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rice
Rutherford             Sandifer               Scarborough
Scott                  Shoopman               Skelton
D. C. Smith            F. N. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires
Stavrinakis            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Walker                 Weeks
White                  Whitmire               Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, February 14.

Paul Agnew                        Douglas Jennings
Anne Parks                        Tracy Edge
Jackson "Seth" Whipper            Gary Simrill
Thad Viers                        Bakari Sellers
Terry Alexander                   Richard Chalk
Joseph Neal                       Ted Vick
Robert Williams                   David Mack

Total Present--117

LEAVE OF ABSENCE

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CLYBURN a leave of absence due to illness.

STATEMENT OF ATTENDANCE

Rep. HOWARD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, February 13.

DOCTOR OF THE DAY

Announcement was made that Dr. Conyers O'Bryan, Jr., of Florence was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 4470 (Word version)
Date:   ADD:
02/14/08   SHOOPMAN

CO-SPONSOR ADDED

Bill Number:   H. 4620 (Word version)
Date:   ADD:
02/14/08   HART

CO-SPONSOR ADDED

Bill Number:   H. 3028 (Word version)
Date:   ADD:
02/14/08   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 4494 (Word version)
Date:   ADD:
02/14/08   BALES

CO-SPONSOR ADDED

Bill Number:   H. 3073 (Word version)
Date:   ADD:
02/14/08   HASKINS

CO-SPONSOR ADDED

Bill Number:   H. 3301 (Word version)
Date:   ADD:
02/14/08   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 3395 (Word version)
Date:   ADD:
02/14/08   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 3431 (Word version)
Date:   ADD:
02/14/08   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 3588 (Word version)
Date:   ADD:
02/14/08   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 3588 (Word version)
Date:   ADD:
02/14/08   WHIPPER

CO-SPONSOR ADDED

Bill Number:   H. 3588 (Word version)
Date:   ADD:
02/14/08   SCOTT

CO-SPONSOR ADDED

Bill Number:   H. 4157 (Word version)
Date:   ADD:
02/14/08   MOSS

CO-SPONSOR ADDED

Bill Number:   H. 4157 (Word version)
Date:   ADD:
02/14/08   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 4596 (Word version)
Date:   ADD:
02/14/08   ANDERSON

CO-SPONSOR ADDED

Bill Number:   H. 4596 (Word version)
Date:   ADD:
02/14/08   BRADY

CO-SPONSOR ADDED

Bill Number:   H. 4596 (Word version)
Date:   ADD:
02/14/08   BATTLE

CO-SPONSOR ADDED

Bill Number:   H. 4596 (Word version)
Date:   ADD:
02/14/08   MILLER

CO-SPONSOR ADDED

Bill Number:   H. 4669 (Word version)
Date:   ADD:
02/14/08   LOWE

CO-SPONSOR ADDED

Bill Number:   H. 4664 (Word version)
Date:   ADD:
02/14/08   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 4672 (Word version)
Date:   ADD:
02/14/08   DUNCAN

CO-SPONSOR ADDED

Bill Number:   H. 4692 (Word version)
Date:   ADD:
02/14/08   UMPHLETT

SPEAKER PRO TEMPORE IN CHAIR

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate:

H. 3853 (Word version) -- Reps. Witherspoon, Walker, Bales, Harvin, Littlejohn, Lowe, Mahaffey, Miller, M. A. Pitts, Spires and Bowers: A BILL TO AMEND SECTION 56-5-4630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF A RED LIGHT, LANTERN, OR FLAG UPON A LOAD THAT EXTENDS FOUR FEET OR MORE BEYOND THE BED OR BODY OF A VEHICLE, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH THE RED LIGHT, LANTERN, OR FLAG MUST BE PLACED UPON THE LOAD, AND TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES AN AMBER STROBE LIGHT MUST BE AFFIXED TO THE LOAD.

H. 4357 (Word version) -- Reps. E. H. Pitts and Viers: A BILL TO AMEND SECTION 57-25-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUS SHELTERS AND ADVERTISING ALLOWED THEREON FOR SUCH SHELTERS LOCATED IN THE RIGHT-OF-WAY OF A STATE ROAD, SO AS TO ALLOW ADVERTISING ON A STAND-ALONE BUS BENCH LOCATED WITHIN THE RIGHT-OF-WAY OF A STATE ROAD.

H. 4470--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4470 (Word version) -- Reps. Harrell, Leach, Cato, Hagood, Hamilton, Harrison, Limehouse, Merrill, Scarborough, W. D. Smith, Stavrinakis, Walker, Young, Gambrell, Haley, Bedingfield, Mahaffey, Cotty, McLeod, Owens, Rice, Bowen, Viers and Shoopman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3680 SO AS TO ALLOW A STATE INCOME TAX CREDIT FOR THE PURCHASE, INSTALLATION, OR IMPROVEMENT OF A FIRE SPRINKLER SYSTEM AND TO PROVIDE THE ADMINISTRATION OF THE CREDIT; TO AMEND SECTION 5-31-670, RELATING TO MUNICIPAL AND SPECIAL SERVICE DISTRICT WATER SYSTEMS, SO AS TO LIMIT CHARGES FOR SEPARATE LINES FOR FIRE SPRINKLER SYSTEMS TO ACTUAL COSTS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FIRE SPRINKLER SYSTEMS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW AN EXEMPTION FROM COUNTY TAXES FOR FIVE YEARS FOR THE FIRST FIFTY THOUSAND DOLLARS OF THE COST OF ADDING TO AND UPGRADES OF FIRE SPRINKLER SYSTEMS IN MANUFACTURING ESTABLISHMENTS IN EXISTENCE BEFORE JULY 1, 2008; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO DEPRECIATION ALLOWED IN THE VALUATION OF MANUFACTURING PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ALLOW A TWENTY PERCENT ANNUAL DEPRECIATION FOR THE ADDITION OR UPGRADE OF A FIRE SPRINKLER SYSTEM INSTALLED OR UPGRADED IN A MANUFACTURING ESTABLISHMENT IN EXISTENCE BEFORE JULY 1, 2008, AND TO ALLOW THIS COST TO BE COMPLETELY DEPRECIATED; AND TO AMEND SECTION 23-9-40, RELATING TO THE DUTIES OF THE STATE FIRE MARSHAL, SO AS TO ADD AUTHORITY RELATING TO FIRE SPRINKLER SYSTEMS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10353HTC08), which was adopted:
Amend the bill, as and if amended, in Section 12-6-3680(A), as contained in SECTION 1, page 2, by inserting after /automated/ on line 33 /commercial or residential / so that when amended, Section 12-6-3680(A) reads:

/ (A)   Subject to the terms and conditions of this article, a taxpayer who improves, or purchases an automated commercial or residential fire sprinkler system in accordance with the standards most recently adopted by the National Fire Protection Association is allowed a credit against a tax imposed pursuant to this chapter in an amount equal to eighty percent of the costs of purchase, installation, and retrofitting of the system, not to exceed fifty thousand dollars. /
Amend further, as and if amended, by striking Section 12-37-220(B)(50), as contained in SECTION 4, page 3, and inserting:

/ (50)   all additions of or upgrades to fire sprinkler systems costing less than fifty thousand dollars installed in structures in existence before July 1, 2008, for five years from the time the addition or upgrade is put in service. This exemption extends to county and municipal taxes. To be eligible for this exemption, additions and upgrades must comply with the standards most recently adopted by the National Fire Protection Association as verified by the State Fire Marshal. /
Renumber sections to conform.
Amend title to conform.

Rep. COOPER explained the amendment.
The amendment was then adopted.

Rep. GAMBRELL proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10387HTC08), which was adopted:
Amend the bill, as and if amended, by striking Section 12-6-3680(A) as contained in SECTION 1, page 2 and inserting:

/ (A)   Subject to the terms and conditions of this article, a taxpayer who improves or purchases an automated fire sprinkler system in accordance with the National Fire Protection Association standards referenced in the Building and Fire Prevention Codes adopted by the South Carolina Building Code Council is allowed a credit against a tax imposed pursuant to this chapter in an amount equal to eighty percent of the costs of purchase, installation, and retrofitting of the system, not to exceed fifty thousand dollars. /
Amend further, by striking Section 5-31-670 as contained in SECTION 2, page 3 and inserting:
/ Section 5-31-670.     Any city or town A municipality or special service district may, after acquiring a waterworks or sewer system, may furnish water to persons for reasonable compensation and charge a minimum and reasonable sewerage water charge for maintenance or construction of such sewerage the water system within such city or town the municipality or special service district. Where a separate line is installed solely to support a fire sprinkler system, compensation and charges must not exceed the actual costs associated with that line.

For purposes of this section, actual costs include direct labor, direct material, and other direct charges associated with the separate line. These direct costs must be documented by either an invoice or work order that specifically assigns the costs to the separate fire sprinkler line. /
Amend further, by striking items (g) and (h) in Section 23-9-40 as contained in SECTION 6, page 4 and inserting:

/ (g) installation and maintenance of sprinkler systems in new construction as provided pursuant to Chapter 10 of Title 40 and any sprinkler systems installed in an existing commercial or residential structure;

(h)   installation and maintenance of new sprinkler systems in new or existing residential or commercial structures only when the local government has designated the fire marshal as the authority having jurisdiction. If the fire marshal is not designated, the local building code official shall perform these duties when that local building code official has been designated by the local government as the authority having jurisdiction. In either case, the company doing the fire sprinkler installation inspection must have a NICET or ICC fire sprinkler inspection certification; /
Renumber sections to conform.
Amend title to conform.

Rep. GAMBRELL explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4470--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. GAMBRELL, with unanimous consent, it was ordered that H. 4470 (Word version) be read the third time tomorrow.

H. 3478--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3478 (Word version) -- Reps. Spires, Haley, Huggins, Bedingfield, F. N. Smith, Ballentine, Crawford, Frye, Harvin, Jefferson, Knight, Leach, Littlejohn, Mitchell, J. R. Smith, Stavrinakis, Toole, Whipper and Weeks: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WAGE WITHHOLDING FOR THE COLLECTION AND ENFORCEMENT OF CHILD SUPPORT PAYMENTS, SO AS TO PROVIDE THAT THE FAMILY COURT SHALL ORDER WAGE WITHHOLDING UPON FINDING THAT A PERSON, WHO IS NOT REQUIRED TO PAY THROUGH WAGE WITHHOLDING OR THE FAMILY COURT, IS, OR HAS BEEN, IN ARREARS IN AN AMOUNT EQUAL TO THREE OR MORE MONTH'S SUPPORT OBLIGATION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12016AC08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 20-7-1315(B) of the 1976 Code, as last amended by Act 71 of 1997, is further amended by adding at the end:

"(4)   If an obligor, whose wages are not withheld and who is not required to pay through the family court, is found to be, or is found to have been, delinquent pursuant to an order for support in an amount equal to three or more month's support obligation, the court, upon such finding, shall may order wage withholding to begin immediately for the payment of the obligor's support obligation, even if the arrearage has been fully or partially paid at the time of the hearing."
SECTION   2.   Section 20-7-420(17) of the 1976 Code, as amended by Act 287 of 1996, is further amended to read:

"(17) To make all orders for support run until further order of the court, except that orders for child support run until the child is eighteen years of age or until the child is married or becomes self-supporting, as determined by the court, whichever occurs first or to provide for child support ; or without further order, past the age of eighteen years if the child is in still attending high school and is making satisfactory progress toward completion of high school, not to exceed the nineteenth birthday unless exceptional circumstances are found to exist or unless there is high school graduation or the end of the school year after the child reaches nineteen years of age, whichever is later; or in accordance with a preexisting agreement or order to provide for child support past the age of eighteen years; and or in the discretion of the court, to provide for child support past age eighteen where there are physical or mental disabilities of the child or other exceptional circumstances that warrant the continuation of child support beyond age eighteen for as long as the physical or mental disabilities or exceptional circumstances continue."
SECTION   3.   Section 20-7-1140(A) of the 1976 Code, as last amended by Act 80 of 2007, is further amended to read:

"(A)   When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. Notice must be given by first-class, certified, or registered mail or by any means of personal service authorized by the law of this State. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order."
SECTION   4.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. TALLEY explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3478--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TALLEY, with unanimous consent, it was ordered that H. 3478 (Word version) be read the third time tomorrow.

H. 4620--POINT OF ORDER

The following Joint Resolution was taken up:

H. 4620 (Word version) -- Reps. Harrell, Harrison, Cato, Hagood, Howard, W. D. Smith, Walker, White, Stavrinakis, Bedingfield, G. R. Smith and Hart: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL, COMMISSIONER OF AGRICULTURE, SECRETARY OF STATE, AND SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERMS OF THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THEY MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS TITLE AND MILITARY RANK, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR IN THE MANNER REQUIRED BY SECTION 7, ARTICLE VI; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.

POINT OF ORDER

Rep. STAVRINAKIS made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3028--POINT OF ORDER

The following Bill was taken up:

H. 3028 (Word version) -- Reps. Funderburk, Haskins, Witherspoon, Whipper, Hardwick, Hagood and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-42 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE KNOWINGLY AND WILFULLY TO MISREPRESENT THE IDENTITY OF FOOD OR A FOOD PRODUCT THAT IS SERVED, SOLD, OR OTHERWISE COMMERCIALLY DISTRIBUTED OR OFFERED FOR DISTRIBUTION, TO SPECIFY ACTS OF MISREPRESENTATION OF THE IDENTITY OF FOOD OR A FOOD PRODUCT, AND TO PROVIDE FOR CRIMINAL, CIVIL, AND ADMINISTRATIVE PENALTIES FOR VIOLATIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DT\27072BB08):
Amend the bill, as and if amended, by deleting all after the enacting clause and inserting:
/SECTION   1.   Article 1, Chapter 5, Title 39 is amended by adding:

"Section 39-5-32.   (A)   For purposes of this section 'food' or 'food product' is an article that is produced, raised, hunted, trapped, caught, harvested, manufactured, or processed for human consumption.

(B)   It is unfair trade practice pursuant to Section 39-5-20 knowingly and wilfully to misrepresent the identity of food or a food product in connection with the sale, offer for sale, barter, trafficking in, or other distribution or offer of distribution of the food or food product.

(C)   The identity of food or a food product is misrepresented if the:

(1)   food or food product is served, sold, or otherwise distributed or offered for distribution under the name of another food or food product;

(2)   food or food product purports to be or is represented to be a product of the State of South Carolina but is actually the product of another state; or

(3)   food or food product is misrepresented as meeting the definition of identity or standard of quality as established by law or, absent a legal definition or standard, as established by custom and usage."
SECTION   2.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION   3.   This act takes effect upon approval by the Governor and applies to all violations occurring after that date./
Renumber sections to conform.
Amend title to conform.

Rep. FUNDERBURK explained the amendment.

POINT OF ORDER

Rep. FUNDERBURK made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

ORDERED TO THIRD READING

The following Joint Resolution was taken up, read the second time, and ordered to a third reading:

H. 4686 (Word version) -- Reps. McLeod and Duncan: A JOINT RESOLUTION PROVIDING FOR THE TRANSFER OF A SURPLUS OPERATIONS AND MAINTENANCE SHOP IN NEWBERRY TO THE COUNTY OF NEWBERRY.

H. 4686--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MCLEOD, with unanimous consent, it was ordered that H. 4686 (Word version) be read the third time tomorrow.

OBJECTION TO RECALL

Rep. HART asked unanimous consent to recall H. 3588 (Word version) from the Committee on Judiciary.
Rep. WHITE objected.

OBJECTION TO RECALL

Rep. HARVIN asked unanimous consent to recall H. 4692 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.

OBJECTION TO RECALL

Rep. KENNEDY asked unanimous consent to recall H. 3262 (Word version) from the Committee on Education and Public Works.
Rep. HAYES objected.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. WHIPPER.

H. 4494--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4494 (Word version) -- Reps. Harrell, Harrison, Cooper, Walker, Cato, Witherspoon, White, Gambrell and Bales: A BILL TO AMEND SECTION 2-75-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGISLATIVE FINDINGS CONCERNING RESEARCH CENTERS OF ECONOMIC EXCELLENCE, SO AS TO REVISE REFERENCES AS TO SOURCES OF FUNDS FOR ENDOWED PROFESSORSHIPS; TO AMEND SECTION 2-75-30, RELATING TO CENTERS OF EXCELLENCE MATCHING ENDOWMENT, SO AS TO PROVIDE THAT INTEREST EARNINGS OF THE ENDOWMENT MAY BE USED FOR PROGRAMMATIC SUPPORT IN ACCORDANCE WITH BOARD POLICIES AND GUIDELINES; TO AMEND SECTION 2-75-50, RELATING TO APPLICATION REQUIREMENTS, SO AS TO REVISE THE FUNDING DOCUMENTATION AN APPLICATION MUST CONTAIN; TO AMEND SECTION 2-75-90, AS AMENDED, RELATING TO MEETING MATCHING REQUIREMENT WITH PRIVATE OR FEDERAL FUNDS, SO AS TO DELETE OBSOLETE LANGUAGE; BY ADDING SECTION 2-75-100 SO AS TO ALLOW SENIOR RESEARCH UNIVERSITIES TO UTILIZE A PORTION OF NONSTATE MATCHING FUNDS TO PAY FOR INITIAL OPERATING COSTS; AND BY ADDING SECTION 2-75-110 SO AS TO ALLOW THESE UNIVERSITIES TO ACCEPT AND APPLY CASH EQUIVALENT AND IN-KIND DONATIONS FROM NONSTATE SOURCES.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DT\27068BB08), which was adopted:
Amend the bill, as and if amended, page 2, by adding an appropriately numbered SECTION after line 38 to read:
/SECTION   ___.   Section 2-75-10 of the 1976 Code is amended to read:

"Section 2-75-10.   There is created the Research Centers of Excellence Review Board. The board shall consist of nine members. Of the nine members, three must be appointed by the Governor, three must be appointed by the President Pro Tempore of the Senate, and three must be appointed by the Speaker of the House of Representatives. The terms of members are three years and members are eligible to be appointed for no more than two additional terms. Of the members initially appointed by the Governor, the President Pro Tempore, and the Speaker of the House, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years, the initial term of each member to be designated by the Governor, President Pro Tempore, and Speaker of the House when making the appointments. The Governor, the President Pro Tempore, and the Speaker of the House shall appoint persons with substantial experience in business, law, accounting, technology, manufacturing, engineering, or other professions and experience which provide an understanding of the purposes of this chapter. The board shall be responsible for providing annually to the Commission on Higher Education a schedule by which applications for funding are received and awarded on a competitive basis, the awarding of matching funds as provided in Section 2-75-60, and for oversight and operation of the fund created by Section 2-75-30. The review board must provide an annual report to the General Assembly as well as the Budget and Control Board, which shall include an audit performed by an independent auditor."/
Amend the bill further, Section 2-75-30, as found in SECTION 2, beginning on page 3, line 1, by deleting Section 2-75-30 in its entirety and inserting:
/   Section 2-75-30.   There is created the Centers of Excellence Matching Endowment. The endowment must be funded annually by appropriations from the South Carolina Education Lottery Account in an aggregate amount not to exceed $200,000,000 by 2010. The fund must be managed by the State Treasurer, subject to awards from the endowment as provided in this chapter. Interest earnings of the endowment must remain in the fund./
Amend the bill further, Section 2-75-50, as found in SECTION 3, page 3, by deleting Section 2-75-50 in its entirety and inserting:
/   Section 2-75-50.   (A)   An application for an award from the endowment shall:

(1)   provide to the board documentation of private matching funds, on hand, in an amount equal to the amount for which application is made;

(2)   provide to the board documentation that all matching funds have been committed and raised exclusively from sources other than South Carolina tax dollars, and that the funds have been committed and raised after January 1, 2002;

(3)   be in an amount of not less than two million dollars and not more than five million dollars;

(4)   document that the application has significant potential to provide for enhanced economic development for the citizens of South Carolina in a specified knowledge-based industry or field of commerce; and

(5)   provide specific partnering activities with other institutions, businesses, or the community.

(B)   Eligible research universities are strongly encouraged to partner with other South Carolina colleges and universities to develop proposals that will enhance the economic competitiveness of our State, and to enhance science and engineering through collaborations in related disciplines./
Renumber sections to conform.
Amend title to conform.

Rep. COOPER explained the amendment.

SPEAKER IN CHAIR

Rep. COOPER continued speaking.
The amendment was then adopted.

Reps. SELLERS and SCOTT proposed the following Amendment No. 3 (Doc Name COUNCIL\DT\27073BB08), which was adopted:
Amend the bill, as and if amended, Section 2-75-30 as contained in SECTION 2, page 4494-2, by deleting Section 2-75-30 in its entirety and inserting:
/   There is created the Centers of Excellence Matching Endowment. The endowment must be funded annually by appropriations from the South Carolina Education Lottery Account in an aggregate amount not to exceed $200,000,000 by 2010, except that endowment appropriations for the current fiscal year may not be funded until all state-supported scholarships are fully funded. The fund must be managed by the State Treasurer, subject to awards from the endowment as provided in this chapter. Interest earnings of the endowment must remain in the fund./
Renumber sections to conform.
Amend title to conform.

Rep. SELLERS explained the amendment.
The amendment was then adopted.

Rep. KENNEDY proposed the following Amendment No. 4 (Doc Name COUNCIL\DT\27077BB08), which was tabled:
Amend the bill, as and if amended, Section 2-75-30 as contained in SECTION 2, Page 4494-2, by deleting Section 2-75-30 in its entirety and inserting:
/   Section 2-75-30.   There is created the Centers of Excellence Matching Endowment. The endowment must be funded annually by appropriations from the South Carolina Education Lottery Account, except that no funds above $200,000,000 may be allocated to the endowment without a comprehensive report to the General Assembly by February 1, 2009. The fund must be managed by the State Treasurer, subject to awards from the endowment as provided in this chapter. Interest earnings of the endowment must remain in the fund./
Renumber sections to conform.
Amend title to conform.

Rep. KENNEDY explained the amendment.
Rep. KENNEDY spoke in favor of the amendment.
Rep. COOPER spoke against the amendment.

Rep. COOPER moved to table the amendment, which was agreed to.
Rep. GOVAN proposed the following Amendment No. 5 (Doc Name COUNCIL\DT\27071BB08), which was tabled:
Amend the bill, as and if amended, Section 2-75-30 as contained in SECTION 2, page 4494-2, by deleting Section 2-75-30 in its entirety and inserting:
/   There is created the Centers of Excellence Matching Endowment. The endowment must be funded annually by appropriations from the South Carolina Education Lottery Account in an aggregate amount not to exceed $200,000,000 by 2010. In no event shall the Endowed Chair appropriations be funded in any fiscal year until all need-based grants are funded first. The fund must be managed by the State Treasurer, subject to awards from the endowment as provided in this chapter. Interest earnings of the endowment must remain in the fund./
Renumber sections to conform.
Amend title to conform.

Rep. GOVAN explained the amendment.

Rep. COOPER moved to table the amendment.

The amendment was then tabled by a division vote of 50 to 21.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HARRELL explained the Bill.

SPEAKER IN CHAIR

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 107; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               G. Brown
R. Brown               Cato                   Chalk
Clemmons               Cobb-Hunter            Cooper
Crawford               Davenport              Delleney
Duncan                 Edge                   Erickson
Funderburk             Gambrell               Govan
Gullick                Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Haskins                Hayes
Herbkersman            Hiott                  Hodges
Hosey                  Howard                 Huggins
Hutson                 Jefferson              Jennings
Kelly                  Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
Mahaffey               McLeod                 Merrill
Miller                 Mitchell               Moss
Mulvaney               J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Rutherford             Sandifer
Scarborough            Scott                  Sellers
Shoopman               Simrill                Skelton
D. C. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Stavrinakis
Stewart                Talley                 Taylor
Thompson               Toole                  Vick
Viers                  Walker                 Weeks
Whipper                White                  Whitmire
Witherspoon            Young

Total--107

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

H. 4494--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SKELTON, with unanimous consent, it was ordered that H. 4494 (Word version) be read the third time tomorrow.

RECURRENCE TO THE MORNING HOUR

Rep. HART moved that the House recur to the Morning Hour, which was agreed to.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4701 (Word version) -- Reps. Barfield, G. Brown, Hosey and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-140 SO AS TO PROHIBIT EITHER HOUSE OF THE GENERAL ASSEMBLY FROM ACCEPTING AN INVITATION TO ATTEND A FUNCTION WHICH IS TO BE HELD AT THE SAME TIME ON THE SAME DAY, OR LIMIT THE ACCEPTANCE TO ONE A DAY.
Referred to Committee on Invitations and Memorial Resolutions

H. 4705 (Word version) -- Reps. Brady, Knight, Lowe, Agnew, Bowen, Funderburk, Gullick, Hagood, Harrison, Harvin, Haskins, Kennedy, Limehouse, Merrill, Sandifer, Scarborough, Toole and Whitmire: A JOINT RESOLUTION TO ESTABLISH A PILOT PROGRAM WHEREBY THE STATE BUDGET AND CONTROL BOARD, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, AND DEPARTMENT OF NATURAL RESOURCES SHALL PURCHASE A MINIMUM OF ONE PERCENT OF THEIR ESTIMATED MONTHLY ELECTRICITY NEEDS FOR EACH BUILDING UNDER THEIR CONTROL THROUGH GREEN POWER PROGRAMS AVAILABLE IN SERVICE AREAS WHERE THEIR FACILITIES ARE LOCATED AND TO PROVIDE WAIVERS FROM THIS REQUIREMENT.
Referred to Committee on Ways and Means

H. 4706 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE ELIGIBILITY FOR THIS CREDIT AND OTHER ECONOMIC INCENTIVES THAT FOLLOW FROM THIS CREDIT TO AIRCRAFT SERVICING FACILITIES AND PROVIDE A DEFINITION FOR AN AIRCRAFT SERVICING FACILITY.
Referred to Committee on Ways and Means

H. 4707 (Word version) -- Rep. Haskins: A BILL TO PROVIDE THAT GREENVILLE COUNTY PUBLIC SCHOOLS MUST PUBLISH NUTRITION INFORMATION FOR ALL FOOD SERVICE OPTIONS IN ANY DISSEMINATION OF INFORMATION THAT INCLUDES SCHOOL MENU OPTIONS.
Rep. HASKINS asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. HAMILTON objected.
Referred to Greenville Delegation

S. 1075 (Word version) -- Finance Committee: A JOINT RESOLUTION TO SUPPLEMENT THE SCHOOL DISTRICTS NEGATIVELY AFFECTED BY THE LACK OF REVISION OF THE 2007 FINAL INDEX OF TAXPAYING ABILITY, AND TO PROVIDE THAT A SCHOOL DISTRICT POSITIVELY AFFECTED BY THE LACK OF REVISION OF THE 2007 FINAL INDEX OF TAXPAYING ABILITY SHALL DIRECT THE EXCESS FUNDS TOWARD NONRECURRING ALLOWABLE EXPENDITURES.
Referred to Committee on Ways and Means

S. 1092 (Word version) -- Senator Short: A BILL TO AMEND ARTICLE 17, CHAPTER 23, TITLE 57 OF THE 1976 CODE BY ADDING SECTION 57-23-835, TO PROVIDE THAT THE MANAGEMENT OF THE MEDIAN AND ROADSIDE VEGETATION ON INTERSTATE HIGHWAY 77 AT EXIT 65 IN CHESTER COUNTY IS DEVOLVED UPON THE CHESTER COUNTY GOVERNING AUTHORITY.
On motion of Rep. DELLENEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

HOUSE RESOLUTION

On motion of Rep. BANNISTER, with unanimous consent, the following was taken up for immediate consideration:

H. 4702 (Word version) -- Rep. Bannister: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE MAULDIN HIGH SCHOOL VARSITY GIRLS CROSS COUNTRY TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2007 CLASS AAAA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Mauldin High School varsity girls cross country team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2007 Class AAAA State Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4703 (Word version) -- Rep. Bannister: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE MAULDIN HIGH SCHOOL GIRLS CROSS COUNTRY TEAM FOR A SUCCESSFUL SEASON, AND TO CONGRATULATE THE TEAM AND COACHES FOR CAPPING THE SEASON WITH THE 2007 CLASS AAAA STATE CHAMPIONSHIP.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4704 (Word version) -- Reps. Knight and Hutson: A HOUSE RESOLUTION TO CONGRATULATE DORCHESTER'S IVY GARDEN CLUB ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY AND TO COMMEND THE CLUB ON ITS MANY YEARS OF CONTRIBUTING TO THE BEAUTIFICATION OF THE STATE OF SOUTH CAROLINA.

The Resolution was adopted.
Rep. HASKINS moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4308 (Word version) -- Reps. Talley and Mahaffey: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES INTERSTATE HIGHWAY 85 ALONG SOUTH CAROLINA HIGHWAY 129 IN SPARTANBURG COUNTY THE "DEPUTY KEVIN EARL CARPER BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "DEPUTY KEVIN EARL CARPER BRIDGE".

H. 4646 (Word version) -- Reps. Perry, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 20, 2008, "CITIES MEAN BUSINESS DAY" AND TO CELEBRATE THE VALUABLE CONTRIBUTIONS SOUTH CAROLINA CITIES AND TOWNS MAKE TO OUR STATE'S ECONOMIC PROSPERITY THROUGH THEIR RELATIONSHIPS WITH LOCAL BUSINESSES.

H. 4647 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO DECLARE TUESDAY, FEBRUARY 5, 2008, SOUTH CAROLINA REALTOR DAY IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING REALTORS AND REAL ESTATE PROFESSIONALS IN OUR STATE.

H. 4667 (Word version) -- Reps. Miller, Anderson, Agnew, Alexander, Allen, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE GEORGETOWN COUNTY LIBRARY IN THE CITY OF GEORGETOWN ON BEING AWARDED A 2007 NATIONAL MEDAL FOR MUSEUM AND LIBRARY SERVICE, TO COMMEND THE LIBRARY FOR THE OUTSTANDING JOB IT DOES IN SERVING THE CITIZENS OF GEORGETOWN COUNTY, AND TO WISH THIS VENERABLE INSTITUTION MUCH CONTINUED SUCCESS IN THE FUTURE.

ADJOURNMENT

At 11:55 a.m. the House, in accordance with the motion of Rep. FUNDERBURK, adjourned in memory of Lucielle Moore Hallman of Camden, to meet at 10:00 a.m. tomorrow.

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